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so I'm being sued.

Not true at all, in doing their job, they'd be covered under some type of qualified immunity just as the OP is protected by being a good samaritan.

Fact of the matter is, anyone can be sued for anything, whether you are a professional for doing your job or someone who is just trying to be a good human being. Hell, my brother in law sued me after I called the police on him when he and his wife were in the middle of a domestic and he threw something at her head, and we're in different states!

I'm pretty sure the Judge in this case will throw out the suit with prejudice.

Yeah, guess that is the state of affairs we are in now in this country. So very sad and frustrating.
 
Discuss asset protection with your attorney. Its not about ribs. The entire industry consist's of bottom feeders trying to steal your $.
 
You save someones life and they sue your ass.

It doesn't get any more fucked up than that. :star-:ars
 
Well Tommy, as shitty as it turned out, I hope it doesn't discourage you to help somebody else in the future. The sad thing is, the person you don't help (and dies) will probably have been the person who would have been the most grateful.
 
Congrats on saving her life - as frustrating as it turned out for you dont forget to take some kind of solace in the fact that you could very well have kept her from dying right there before the paramedics could make it. I hope someone like you is around if i or anyone i know starts choking...
 
Courts are very crooked bro, but in this case, heres what to do:

Lawyer the fuck up, dont cut corners, do your homework. Maybe even contact the ACLU

If you get off, sue the shit out of her for lawyer fees and compensation for missed work.


I know you're just trying to help but this is terrible advice. ACLU? Really? :confused:
 
Tkav, that is terrible. Doing the right thing is still doing the right thing. The fact that other people do not, or punish us for doing so, does not relieve us of our obligations to ourself as men.

I am guessing two things, one, it will never see a courtroom, two, she will get between five and fifteen grand. Reason: Even though the company has attorneys, they are not usually the same attorneys you go to trial with. A trial attorney defense is going to start with a ten thousand retaineer and go up from there costing upwards of $20k on up to defend a simple case. I have a friend who does this for an airline. Basically they will offer up to $25k before going to court on most cases. Its just a business decision.

Our court system would be a lot less crowded and less of this b.s. would be filed it we had "Losing party Pays" in regards to attorney fees.

I have spent over $100,000 in the last twelve months with no end in sight on a bankruptcy court attorney trying to retrieve collateral, with a lady fighting me with no attorney (had one at first), and a stack of notebook paper and a pen.
 
I didnt read the whole thread TKAV only the first page but if i was you I would go public with this....I would contact a newspaper reporter or television station (and find the right person there) and tell them your story....

for alot of reasons both personal, business
 
Ok
the general liability carrier for the restuarant you work for needs to be put on notice of the suit, if they are then per the insurance contract (policy) they have to provide a defense, ie. hire a law firm, the costs are paid by the insurance company not by you and not by the owner of the restuarant.
if the carrier is not notified then they have no notice and you have no free lawyer.
the defense lawyer and the plaintiff's lawyer will negotiate the case, the insurance carrier has the authority to determine if the case is to be settled or taken to trial not you and not the owners of the restuarant.
just make sure they put their carrier on notice,
 
DC nailed it.....go to the local news station I'm sure you can find someone to do a piece on it....also I would head to your doc and and have him start to deal with all the obvious stress this has brought to you....fuck that bitch teach her old ass a lesson...that fucking enrages me I can believe people !!
 
I didnt read the whole thread TKAV only the first page but if i was you I would go public with this....I would contact a newspaper reporter or television station (and find the right person there) and tell them your story....

for alot of reasons both personal, business

That's not a bad idea. Even the restaurant would get a lot of good publicity.
 
Whoever said shes probably sueing because shes has a gambling problem is 100% right.. An 87 year old that almost just died and wanted to go right back to the tables most likely has issues..

DC brought up a good point as well going to the news with it.. Call up News12 and they will be all over your story.
 
I didnt read the whole thread TKAV only the first page but if i was you I would go public with this....I would contact a newspaper reporter or television station (and find the right person there) and tell them your story....

for alot of reasons both personal, business

YES!!! It's amazing what the media can do for you, when you use it to your advantage.


Well Tommy, as shitty as it turned out, I hope it doesn't discourage you to help somebody else in the future. The sad thing is, the person you don't help (and dies) will probably have been the person who would have been the most grateful.

x2

You save someones life and they sue your ass.

It doesn't get any more fucked up than that. :star-:ars

x2


Keep us updated man, this is very sad and upsetting, but never question if what you did was right or wrong.....you did the right thing.


BMJ
 
Just read your post dont know if it has been said or not but dont worry the Good Samiritan Law will protect you. Should have let the fat hmm better not say the word I am thinking choke. MM
 
sad story bro but a funny post. people are like that these days! hope it all works out for you
 
You save somone's life and they turn around and sue you?!

Old people's bones break easy anyway, supposed to during CPR

It's ok tho, the Good Samaritin Law should save you.

or the judge will probably just throw it out.



.... since no one's said this yet :D
 
As long as you can articulate your training in performing abdominal thrusts and you informed her you were going to help her prior to performing the abdominal thrusts then you are fine. Good Samaritan law is not an unlimited blanket of protection especially in this country. In the end you will be fine, the business is who she is really going after not you. Typically in a case like this they will name you, your supervisor/manager, and the company in the suit. Ill give you an even crazier example of this type of nonsense. Where I live a family member is suing two cops who shot and killed a guy who opened fire on them after carjacking a husband and wife at gunpoint and pistol whipping the woman. They are claiming the officers should have took cover and negotiated with the guy prior to using deadly force. Most of these people have no intention of the case seing a court they just wana settle prior to the case reaching a court room.
 
In the long run tkav you did the right thing. You should feel good about saving a life. Karma will rule in the end and this woman will not be happy when the hammer drops!!

RIGHT ON!!!

I'm the type that believes that "Doing the right thing" is always the bottom line.
tkav, you did the right thing and should be PROUD! :headbang:
 
Look at it like this... you would have been sued either way...

Had you let her die her family would have sued you and the restaurant for not saving her... AND YOU WOULD HAVE LOST THAT ONE! probably even gotten jail time for negligent homicide...

Now you have a case that you will win hands down! This piece of shit old lady will probably die a miserable old woman... period...

Counter sue this bitch!
 

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